PHAM & CLOVES, PLLC

QUESTIONS AND ANSWERS (Q&A)

Adjustment of Status (AOS) To Be a Permanent Resident (Green-Card Holder)

Blogger 1: 

I married an undocumented alien from Mexico in 2005.  I applied for his papers the i130 was approved. We were told to fill out 485 along with other documents.  They were denied because he doesn’t have status to adjust. Please let me know if anything can be done that would help us.  We also have 2 beautiful kids.

Answer to Blogger 1:

The reason your application was denied is because your husband is not eligible to adjust his status. He entered the country without inspection (EWI); as such, he may ONLY obtain an immigrant visa through Consular Processing.  The U.S. consular office that would process immigrant petitions for Mexicans is in Juarez Ciudad.  Please consult a Houston, Dallas, Austin, or a San Antonio Immigration Attorney and a U.S. Adjustment of Status Green card Lawyer at Veritas Legal Group.  However, any immigration law firm, including Veritas Legal Group, can represent you in this matter.  Immigration law is federal law and any attorney can represent you in your matter.

The I-130 application is an immigrant petition for a foreign family member.  All that the I-130 proves is that you have a bona fide marriage to the foreign national; and therefore, you are eligible to sponsor him.  The reason your I-130 is approved is probably because there is sufficient evidence that you have a bona fide marriage, such as having two children by your husband.  However, the I-485 is an application to adjust from one status to become a permanent resident.  Certain aliens are not authorized to adjust his or her status and EWI is one of them. 

Now that you have an approved I-130, you have to request the USCIS to forward the application to the National Visa Center, and they will in turn forward to the Consular office abroad.  Because your husband is a Mexican national, you will need to go to the U.S. Consular office in Juarez to interview.  You will also need to file an I-601 Inadmissibility Waiver.  When filing with the consular office is in Juarez Ciudad, the waiver must be filed only AFTER the interview.  At the interview, the consular office will deny the immigrant visa application because your husband previously entered the U.S. illegally.  To get the waiver approved, he must show that it would be an extreme hardship for you and your children and may be other U.S. citizens and permanent resident family members if he were denied entry into the U.S.  This is very difficult to prove.  Once the waiver is approved, you must then refile the visa application through the U.S. consular office again.

Because of the level of complexity of this matter, again, I advise that you seek legal assistance from an experienced immigration lawyer.  If you are interested, please visit Veritas Legal Group’s website for more information.  Nothing stated here or on our website should be used to replace a consultation and representation by an attorney.  There are issues of facts that your attorney would need to properly file your applications.  You can contact our Houston Immigration Attorneys and our Dallas I-485 Adjustment of Status Lawyers at 832-484-9015 or contact us through online inquiry.